The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-11
: THE CASE AGAINST ETHER
Now Undergoing Examination at
Provo.

Provo.
Bert Either, the slayer of O'FIaherty,
was before The Commissioner at Provo
yesterday. He entered a plea of not
guilty. w. H. Dickson defended.
The first witness was John Leech-
Live IN Mammoth Hollow, Juab; was
there last Wednesday; occupied cabin
with Mr.. Dillon; was acquainted with
Donohue, andfslightly acquainted with
o'Flaherty saw Mike o 'Flaherty on Fri
day last; know Bert Either, was sleeping
with Dillon in the three-roomed cabin.
O'Flaherty and Donohue were there !;
Donohue said he was going to work
that night; was sorry that he did not
have something to treat his brother
with who was there from Bingham;
gave Either $50 to go and get bottle
and drinks; Either came back in
twenty minutes with the liquor from
the saloon; O'Flaherty was on the bed !;
Donohue at the head. witness be-
tween them when Either came in, he
said Take a drink" and passed
it around; every thing was quiet;
O'Flaherty drank and passed
it to Donohue; Donohue
said as he passed the liquor, "Shut up
you s. OF a b.; what can you say
about your shooting?" Either then
left and went to his room, returning
with pistol in each ehaud, saying,
Here, you s. of b., defend your
self handing a pistol to him empty.
Leech grabbed the pistol, examined it
and said: You s. of a b., what do
you want to hand him an empty pistol
for?" Either Immediately grabbed
the pistol and fired over his head
with the other at Don 7hue; the
light went out aud the shot was re-
peated; witness lit a match and tried to
find candle, but could not; did not see
who fired the second shot; heard
Leech. come out and save u.s." Either
then went into the room, and when
witness entered the cabin, saw
O'Fieharty murdered man, lying on
the lounge with Either stro-
king him down, and CRYING:
- Uonahue has killed this man"
Witness then left. Blood was oozing,
Said something as he was stroking
blu, expressing sorrow. l did not ex-
anime the dead man; left him lust as
be fell. O'Flaherty did not move after
ne was shot; did not know whether
Either and O'Flaherty had had any
conversation or not; did not in the
cabin, any way; all the talk was what
DOnahue told Either: Hush up, and
ton't talk about your shooting"
Cross-examined-KpeW a number of
men connected with the lynching at
Finite last year, convicted of lynching
Fisher; had heard several persons say
hat Bert Either had peTjured himself
II his evidence in the case. He also
I'D Dillon he mad got letters notifying
I'm to leave the camp; Dillon did not !
ell him who wrote the letters. We had
VII ky and were pretty full at
h cain Thursday night; laid
Of FrOay night; drank with Either and
sveral others, Friday morning, at the
aloon; did not ear Either and
)'Flaherty speak with each other prior
% the shooting. We went TO the cabin |
1t about O'Clock that evening,
)3n9hue was CuTSing and talking to !
himself all the time; ne cal ed Either a
r i coward, and Either called him |
he same, and then went to his room; at |
he time Donahue called Either the |
lame, Either was talking TO O'Fiaherty; |
could not state the conversation. There |
vas considerable talking going on while |
either was going after the whisky; !
witness SAID he must have been so drunk |
lie could not remember what was said
vas man came there; thought it was
Johnson, something was said about |
outrage to kill Either that night; had |
lever heard Donahue talk about kill |
az Either; had told Berts father to |
et him away from there or be would |
e killed.
James Donohue was called-Was at |
iammoth Hollow on Friday evening: |
Ithier was there; had a drink; Leech |
old Either 10 get the whisky: was |
one half an hour; repeated some evi- |
ence of previous witness, about calling |
ames, etc; Donobue and Either called |
ach other sons of b: Either went |
o his room and put two pistols, ETC., as
revIouslv told.
The examination was in progress |
Then the mail closed. D., |